Legislature(2011 - 2012)HOUSE FINANCE 519
03/30/2011 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB8 | |
| HB105 | |
| HB150 | |
| HB141 | |
| HB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 8 | TELECONFERENCED | |
| + | HB 10 | TELECONFERENCED | |
| + | HB 64 | TELECONFERENCED | |
| + | HB 105 | TELECONFERENCED | |
| + | HB 140 | TELECONFERENCED | |
| + | HB 141 | TELECONFERENCED | |
| += | HB 164 | TELECONFERENCED | |
| + | HB 103 | TELECONFERENCED | |
| + | HB 104 | TELECONFERENCED | |
| + | HB 120 | TELECONFERENCED | |
| + | HB 121 | TELECONFERENCED | |
| + | HB 125 | TELECONFERENCED | |
| + | HB 150 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 150
"An Act relating to the protection of property of
persons under disability and minors; relating to the
crime of violating a protective order concerning
certain vulnerable persons; relating to aggravating
factors at sentencing for offenses concerning a victim
65 years or older; relating to the protection of
vulnerable adults; amending Rule 12(h), Alaska Rules
of Criminal Procedure; amending Rule 45(a), Alaska
Rules of Criminal Procedure; amending Rule 65, Alaska
Rules of Civil Procedure; amending Rule 17, Alaska
Rules of Probate Procedure; amending Rule 9, Alaska
Rules of Administration; and providing for an
effective date."
3:43:42 PM
DUANE MAYES, DIRECTOR, DIVISION OF SENIOR AND DISABILITY
SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
explained that HB 150 related to the protection of
"vulnerable adults," who were identified as Alaskans with
disabilities over the age of 65. The bill specifically
related to the protection of property and the violation of
a protective order. He communicated that financial
exploitation of elder and other vulnerable populations was
increasing along with the growth in Alaska's elderly
population. The Department of Labor and Workforce
Development estimated that there were approximately 50,000
or more adults that were aged 60 and older; the number was
expected to change to approximately 80,000 by 2017. He
delineated that the legislation would strengthen Alaska law
to increase the protection of elders and other vulnerable
adults against fraud and financial exploitation. He
stressed that vulnerable adults needed assistance to stop
the theft of their money.
Mr. Mayes detailed that the bill would address the
difficulty that victims had with accessing the courts and
would help them to obtain prompt and inexpensive relief.
Two frustrations that victims had with the courts would be
solved under the legislation: First, the temporary
conservatorship provisions of HB 150 would help victims of
financial exploitation who may not need a guardian, but who
needed assistance to stop the immediate theft of their
money. The temporary conservatorship procedure would be
similar to the existing temporary guardian procedure; the
victim would retain autonomy while receiving assistance,
which would enhance their ability to stop exploitation or
loss before they suffered irreparable harm. Second, the "ex
parte" relief was similar to the existing domestic violence
protection law and would allow vulnerable adults to
independently obtain straightforward, expedited relief
without an attorney, from any magistrate or judge
throughout Alaska.
Mr. Mayes described that HB 150 would amend the Adult
Protective Services statutes to enhance the investigative
authority of vulnerable adults and would expand the list of
mandatory reporters to include nursing home employees. The
bill included "undue influence" language related to the
mistreatment of a vulnerable adult by a person of trust.
Co-Chair Stoltze asked whether the undue influence
provision was similar to the standard that had been applied
in the Satch Carlson case, which had focused on a teacher's
sexual exploitation of a student in his role as a person of
trust. Mr. Mayes responded in the affirmative.
Mr. Mayes summarized that the bill would enhance penalties
in criminal cases related to the abuse of vulnerable adults
and would provide the State of Alaska with the necessary
tools to combat the growing problem of financial abuse
against the elderly and disabled population.
3:49:52 PM
PAT LUBY, ADVOCACY DIRECTOR, AMERICAN ASSOCIATION FOR
RETIRED PERSONS, vocalized the organization's support of HB
150. He stated that the abuse and exploitation of older
adults was unfortunate and often times the offender was a
family member, trusted advisor, or caregiver. The bill
increased mandated reporters, including lower-level staff
in long-term care facilities. The use of conservators was
expanded and included temporary conservators that were
available on an emergency basis. The fastest growing age
group nationwide was adults over the age of 85 and was the
most likely group to be subjected to some type of abuse. He
voiced that HB 150 would not solve all of the problems, but
that it would be helpful. He pointed out that the title of
the bill included the age of 65 and page 8, line 9 and page
11, lines 8 and 16 used the age 60. He thought the
committee may want to determine whether the two ages were
necessary. He reiterated the organization's support of the
bill that would help vulnerable adults, children, and
individuals with disabilities.
Representative Guttenberg asked whether the definition of
"vulnerable adult" was broad enough to cover all of the
necessary circumstances. Mr. Luby replied that the
organization relied on and respected the attorney general's
ability to provide the best definition.
SCOTT STERLING, SUPERVISORY ATTORNEY, OFFICE OF ELDER FRAUD
AND ASSISTANCE, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF
ADMINISTRATION (via teleconference), supported the
legislation. He discussed that the Office of Public
Advocacy had contributed to the provisions related to the
temporary conservatorship and protective orders for
financial exploitation. He noted that Kelly Henriksen with
DOL had been involved in the other provisions of the bill
related to adult protective services and other. The
temporary conservatorship program was intended to be a
mirror of the existing temporary guardianship provision in
AS Title 13; the current provision existed in order to
provide courts with express statutory authority to appoint
temporary conservators to prevent immediate or imminent
financial harm to a vulnerable adult. The court system had
expressed reservations about its authority to issue
temporary conservatorships because they were not currently
allowed in Alaska statute; the proposed legislation would
eliminate the problem.
Mr. Sterling communicated that the financial protection
orders were intended to permit inexpensive and expedited
relief without the need to hire an attorney and were
similar to existing orders that were available to domestic
violence victims. He explained that in his profession it
was generally accepted that fraud and financial
exploitation were a form of domestic violence. The bill
would permit any citizen aggrieved by financial
mistreatment to apply for relief from the exploitation
before a judge or magistrate without the involvement of an
attorney; however, the bill did not prevent citizens from
using an attorney. The goal was to provide people with the
ability to put a stop to exploitation that had become more
prevalent due to the ease in which technology overcame
barriers privacy rights. The purpose of the provision was
to offer statutory remedies and procedures that were
accessible and allowed individuals to protect themselves
from financial abuse.
3:57:54 PM
Representative Costello wondered whether identity theft was
considered under the definition of exploitation. Mr.
Sterling responded in the affirmative. He added that many
of the fraud and financial exploitation cases in the Office
of Elder Fraud Assistance had involved identity theft.
BETH RUSSO, SUPERVISORY ATTORNEY, PUBLIC GUARDIAN SECTION,
OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION
(via teleconference), voiced the agency's support of the
bill. The agency believed the bill would be a significant
aid to its clients and any person subject to a protective
proceeding, and would eliminate the need for the
appointment of a public guardian or conservator.
BRENDA MAHLATINI, PROGRAM MANAGER, OFFICE OF ADULT
PROTECTIVE SERVICES, DIVISION OF SENIOR AND DISABILITIES
SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES (via
teleconference), introduced herself and was available for
questions.
KATHY MONFREDA, CHIEF AND CRIMINAL JUSTICE INFORMATION
SYSTEM OFFICER (CJIS), CRIMINAL RECORDS AND IDENTIFICATION
BUREAU, DEPARTMENT OF PUBLIC SAFETY (via teleconference),
explained that CJIS was responsible for database
maintenance for files such as protective orders. She was
available to answer questions.
Co-Chair Stoltze CLOSED public testimony, but noted that he
would reopen it in a future meeting if necessary.
HB 150 was HEARD and HELD in committee for further
consideration.